By: Kira Berkeley
You’ve likely heard of child custody/guardianship disputes occurring when their parents pass without a will in place, but have you considered who will care for your companion animals in this scenario? If not, the consequences could include legal battles between your friends and family, leading to unnecessary legal fees and stress imposed on everyone involved (including your beloved companion animal, who is likely already distressed enough with your sudden disappearance)!
Rocco Junior is a young dog stuck in the middle of an upcoming legal battle over who will care for him after the unfortunate passing of his original guardian. That is, in February 2022, the late Carvalho gifted Rocco to his girlfriend, Verma. However, Carvalho’s sister is claiming that Verma was not the legal owner of Rocco.
This stressful situation likely could have been entirely avoided if Carvalho had included a provision in his will setting out his intentions of who should care for Rocco in his absence. Carvalho’s sister is instead relying on the general property clause to make this claim, as animals are currently seen as property under the law.
Other Canadian jurisdictions have begun differentiating animals from other property, recognizing that animals shouldn’t be treated the same as a piece of furniture. For example, a recently proposed amendment to British Columbia’s Family Law Act (BC’s Bill 17) would include considering the interests of animals in pet custody disputes. Moreover, in May 2023, Rebeka Breder, an animal lawyer from Breder Law operating out of Vancouver tweeted “Recently, I won a pet custody application. The judge agreed [with] me that animals [are] more than “property”, their best interests should be considered & shared custody is possible“ (the written decision is still to be released).
The hearing involving Rocco is scheduled for August 3, 2023. This will be the first estate litigation case determining an animal’s fate in Ontario. This is Ontario’s chance to set a precedent to considering the best interests of Rocco in making their decision.
Contact us today to ensure your loved ones, including your beloved companion animals, are cared for after your passing. We want to ensure our clients companions are never left in this situation!